6 Ga. App. 779 | Ga. Ct. App. | 1909
The plaintiff in error was convicted in the recorder’s court of the City of Atlanta, and the sentence was that she “pay a fine of $100 and costs, and that in default of such payment said defendant work on the streets or public works of said city thirty days, under the direction of the superintendent of public works.” She brought the case by certiorari to the superior court. Her contentions were that the conviction was without evidence to support it, and that the sentence was illegal, in that the recorder had no right to sentence her to the public works, in default of the payment of the fine; that the proper alternative was fine or imprisonment. The judge of the superior court passed the following judgment: “The within certiorari coming on for a hearing, it is ordered that the judgment of the recorder be sustained, except that this court, acting under its discretion and upon a review of the evidence on certiorari, changes the sentence by striking from said sentence the clause: fin default of such payment said defendant work on the streets or public works of said city thirty days, and inserting in lieu thereof the following: fin default of such payment said defendant shall be imprisoned thirty . days, and costs of the certiorari is adjudged against the plaintiff in certiorari.’” From this judgment she brings error.
Judgment affirmed.